send to say what a jerk i am. >> bob: kathy morris got elected by the conference chairman for the republican of the house. congratulations to her. welcome to "red eye." tomming what -- tom, what is coming up on tonight's show? >> obama care is on the menu, and some restaurant owners announced the added cost of the health care law will have to be passed to consumers. angering people who hate consequences. and are my beloved snowballs on the brink of extippings? extinction. the labor standoff reaches the baking poimt. and if you want to burn off the calories in the sex on the beach you are drinking you may have to have sex on the beach. that's how sexy that story is we will be discussing later. andy?

>> thanks, tom. you look delightfully mr. rogers ish. >> i have a sweater and maybe later i will take off my shoes and put on my sneakers. >> no, don't do that. let's welcome my guest. i am here with author and political commentator imogen lloyd webber. her later book is called "twitter diaries." and it is the politics reporters from "buzz feed." and bill schulz is back from testifying about benghazi. and theks to me, joe derosa. >> a block, the lede. that's the first story. >> do the titans of fast-food think it is less than shrewed? a denny's operator has joined the ceo of papa john's promising to put a promising surcharge to offset costs from the health care law. he runs 40 denny's locations and oversees 1200 employees says he plans to slash hours

to fewer than 30 a week. he simply can't afford the penalties associated with obama care, he says. telling fox news.com, quote, it is essentially a huge tax on all us business people. and last week after the election, papa john himself reportedly said his employees may face reduced hours, and he expects his business costs to rise because of obama care. for more on the health care law and what it means to employers. let's go to senior cory correspondent, flying dog. cogent point as always, flying dog. joe i go to you first, i don't know why. universal health is one thing, but not if it raises the price of a grand slam. >> i am shocked you didn't go for the joe, you used to work at a denny's. >> i don't believe you have ever had a real job. >> are you right. i think it is a shame that

these employee hours might get slashed. anybody trying to get you to spend less time in a denny's, they are doing you a favor. >> they are probably helping your health. andrew, what do you think? are these rational business decisions or are they all political? >> papa john's, you know a sea of big romney supporters. it was definitely -- they did an estimation of cost and they will go up 3 to 4 cents. i know he said 15 cents, but it is a little politico, but it is a reality that businesses will have to deal with. >> absolutely. imogen, if the prices go up and they put a surcharge on the food, will it stop you from going to denny's? >> it gives us the opportunity to talk about health care on red eye. i know viewers love it. this papa john's bloke will add $5 million to $8 million to his general bills.

however, at the moment he gives away $$32 million in free pizza and contributing to the romney campaign. if he contributes less to politicians who don't win and then maybe give away less free pizza and made employees happy by giving health care, that would be a good thing. >> i think we have to bleep bloke, hope you made a note about that. i heard the free pizza deal. the counter argument is you are giving away free pizza with the hope that it will end up with giving you increased business. >> if have you half of your employees people are more likely to visit. >> maybe. >> what did you say some with the what? with the what that they will -- with the hope they will visit. in the meantime they will spare some change for the extra pizza. very owe obama of you. >> that leads to my next question. not really, but we like segs in the business. you often eat out of the dumpster behind denny's. so if their business suffers

so do you. still loving obama care 1234*. >> my life has been about suffering before obama was even a political player, andy. i would also say that of course metz is angry and cranky and hates obama. he reflects his clientele. he probably has dinner at 4:00 p.m. as well. >> i don't understand what you just said. are you making fun of the fine folks who eat at denny's? >> i am making fun of the folks at denny's. your position is they are fine. >> i have a question for you, andy. it is a messy discussion. i don't know where i fall on either side of this. i think if you will implement a change as drastic as this, the burden needs to be shouldered somewhere, right? but i can't get mad at these guys for saying why do i have to do this right now? why do i need to shell out this cash. you have it, so do it. the counter argument is i never had to before. we are talking about millions of dollars. i honestly don't though how i

feel about this. >> what was your question? >> that's my question. >> it is not my job to think things. it is my job to keep the discussion moving. to stop the whole show from slowing down by letting you go on and on about your mixed feelings about things. >> andrew, it stands to reason, it is people who are working over 30 hours a week who have to be covered. it is sort of common sense unfortunately that employers will have a lot of 29-hour a week employees, right? >> we will definitely see businesses cut back on hours to get through the loopholes of the law. to counter the argument, i think a lot of people think they should give employees health care coverage. papa john's is a huge franchise. you made the point that they are offering these free pizza give aways. maybe it is to help their business, but i think maybe a year or two and people might want to make the argument it is better to give their employees health care.

>> i would agree it is good for employers to give employees health care. it is such a well-oiled machine at this point. anything you do to change something this drastic it is throwing a wrench in it. it is just going to be messy. i don't understand what way to do this without somebody just taking a major lump. >> that's the thing. it could be -- you could say it is a perfectly respect position to take -- perfectly reasonable position to take that if you favor obama care you should be okay with the fact that costs may go up a little bit. we heard a lot from democrats and the liberals about math and science and be rating the republicans for not understanding either. it seems to me that you should understand increasing the operating cost for business might well translate to the higher prices for consumers. >> and i think maybe mitt romney wasn't the best messenger, but he ride to strike home that obama care was going to increase cost in business. if you look at massachusetts

the experiment going on there with romney put in place, the cost for businesses have not dramatically increased. >> that's the other thing. it is popular. we'll see how it plays out. >> pew came out with a poll that said 33% of the americans repealed owe bay you ma care. >> and 41% are for it. >> the people have spoken on this issue. it could get messy and we'll see what happens. >> here is my thing. i don't necessarily question the message. there is a lot of issues about obama care that are sketchy. but i have a problem with the messenger. they are all of the things that papa john -- creepy to call yourself papa. all of the things papa john said are accurate, but he shouldn't have been the one to say it. have a guy struggling to get by -- have a guy who maybe doesn't even have a chain or a small chain where these

differences could affect him. i don't want to hear papa talking about whether or not he will get his 14th hot tub or not. the guy is so unself-aware that he can put the message on somebody else they can empathize with. >> isn't it easier to ignore if it is one business owner saying this? he is the head of a huge corporation. isn't he sort of a better messenger? >> i don't think it will affect him that adversely. if he wanted to suck it up, it wouldn't affect his employees. he is probably not the best messenger. >> i was told to move on because people are laughing so hard at this at home. is the penalty too severe for an on-line jeer? ap reports that in britain hundreds of people are prosecuted each year for social media posts, texts and e-mails showing things menacing and obscene. the number is rising thanks to i'm ma general lloyd -- imogen

lloyd webber. they are finding it out the hard way vee uh yaw the arrest con -- via the arrest convictions and jail time. laws haven't caught up to how we communicate and notes one fan of free speech, 50 years ago somebody would have made a comment and it would have been heard by relatively few people. people take it upon themselves to report this material to police. and you have the criminalization of offensive speech. last month alone, one 19-year-old got jail time about tweets about a missing girl and a 20-year-old was sentenced to community service for a facebook post wishing all soldiers should, quote, die and go to hell. meanwhile, corgi puppy attacks go unpunished.

>> we live in a sick world. >> it would be great if he ended up biting off her nose and she went screaming. >> what in god's name is wrong with your country? >> we are talking about 1200 convictions or so in a country of 62 million people. so it is not that many. the director of public problems constitutions has agreed that perhaps some of the cases -- you know, the rules need to be looked at basically. and apparently now it is about the number of followers you. followers you have. it depends the number of followers you have, but you are not british. >> that seems like an odd way to based on how many people are following you on twitter. >> if you say something it is more meaningful. >> that seems ridiculous. when did western society decide that offending people should somehow be illegal? >> it is really weird.

there is a war going and they are tweeting and they have a facebook and youtube and they are tweeting videos of them taking out hamas leaders. in britain we have over 50,000 twitter followers we would be prosecuted and it is nuts. >> do they have a pintrest. >> that's weird. >> you said free speech is over rated and you applaud any country that agrees with you? spapped please. expand please. >> i had no idea you were going to insult me when you threw it to me. >> it was a quote. >> the show was called "red eye." or as i call it, suck up to everybody but joe derosa. >> you are outraged right now. you are trebling with fake anger. >> i am trying to have some fun. >> do you have anything to add to the conversation? >> i do. i think everybody on twitter

should be arrested. >> you don't have a lot of followers. >> you are very bitter about that. >> well, there is the whole free speech thing. obviously it is important for americans to have free speech. you have done well with free speech. in europe we mess free speech up. in germany it is illegal to deny the holocaust. that's good. so fundamentally, maybe europeans can't be trusted with free speech as much. >> i don't think that is good. >> i do. i think it is a good thing. >> that's because you don't understand that freedom is a gift. >> are you going to take that? >> in all seriousness, i think most of these tweet things were ridiculous and people were getting arrested or whatever. the one i did agree with which

is the one that steven frye came to the guy's defense was the guy who said he was going to blowup the airport if they didn't get their -- >> that's a little different. >> totally agree. >> the guy in evening land -- england and the better burning poppy. >> he liked to burn flags. >> there have always been attempts to make it legal. >> it is a bit like that with the poppy. >> except your guy is being prosecuted. >> bill pretty much everyone agrees you shouldn't be legally allowed to speak, period. please answer the question. >> not a question, but i will answer anyway. my dad is a vet. he went to vietnam to fight for my right to have free speech.

while he was there he wondered why he was getting shot at in indough china so that i could talk about things. but he did it anyway. i am reminded about a great merle haggard song that says freedom is a gift. >> amen, brother. >> thank you. >> the petraeus scandal is a black hole for a-holes, i can't say that -- or at least cheaters. now lance armstrong is suked into this whole thing. paula broadway -- broadwell posted on facebook, can anyone introduce me to lance armstrong? broadwell apparently went on a run with armstrong in july and said she wanted to set up a special bike outing for the general she was boinking, her words. there was a number of classified information found secured on her laptop. we have videotape of her removing the file from her house.

>> it just goes to show you candice guys your computer file as a dog, but the fbi will see right through that. >> that dog was loaded. >> that dog was loaded. >> and hilarious. >> don't make your pets drink. that's ridiculous. >> petraeus cheated on his wife. broadwell cheated on her husband. don't stories like this give uh warm feeling inside? >> the story has gotten weirder and weirder and weirder and weirder and

weirder. >> and weirder. >> and weirder too. and weirder. okay, the fbi here, the agent came out -- the shirtless fbi agent said there is this and there is -- who knows where this story is going to go. we reached peak weirdness with the shirtless fbi. it wasn't actually that weird. we are going down. who knows? >> i don't know, you are supposed to tell me. >> i don't know either. >> i don't mean this to be provocative toward you, but i don't think this story is that weird. i think if you took any affair and exposed every detail of it and said isn't that crazy? people would say, yes, it is crazy. i think this has been so sensational liesed in this culture where words don't mean anything anymore. everything is outrage and

scandalous. the guy banged somebody else, that's the whole thing. >> you wrote a book about it, "the joy of hate." >> yes, it is called "the joy of hate" and" the bible of unspeakable truths." here we go sphoax, we are back -- folks, we are back on track. first of all, it is utterly ridiculous that the head of a cia made cheating mistakes at the level this guy did. leaving e-mails behind as evidence, that's like classic spy cliche. this letter will self-destruct. delete your e-mails. i don't think this lance armstrong is that crazy. she is an idiot that posted a dumb question on-line. >> if you forget broadwell is married and petraeus was married and they are sleeping together. the idea of the birthday with armstrong is kind ever sweet.

>> thank goodness for this story because then you might have to talk about the fiscal cliff. one thought in an uncertain world, the southern tee, the warm certainty that powerful men can't keep their travels on. >> when i heard she wanted to get him a bike ride with lance i picture them on a two-seat. >> maybe with one big wheel on the front and a tiny on the back. >> wind going through their hair. >> how divorced for reality do you have to be to want something and then think by putting it on your facebook page it will automatically happen. >> there is a good chance she will be divorced in reality. coming up, do we no longer have a common language with our cousins across the pond. and are we about to get rid of twinkie the kid?

i love the sound of our younger viewers googlimg. you are watching "red eye" on fnc. stick around.

it is time to get to the serious stories. should they stop the possum drop? it is a new year's eve tradition in which a possum is suspended in a seafood box covered in tinsel and lowered to the ground at midnight. they are using wild animals for pets and amusement. so instead the town says it will do something else and rehearsals are underway. >> 8, 7, 6, 5, 4, 3, 2, 1.

>> i don't think that's better. >> the cat didn't foe what was going on. >> why does peta want to take away an exciting night for a possum? >> i don't know. that's not that bad compared to what i do on new year's. i skin the possum alive and then eat its brains. that's way worse. nobody says peep to me. >> they probably didn't know until tonight. then you revealed it. >> oh, are we on tv? i forgot. >> andrew, you were saying in the green room expirks want to get this right so i will quote, podunk towns and their backward ass traditions make me sick to my stomach. can you elaborate? >> they do. no really, i mean this is classic peta. these are people that are going to throw blood on you if you are wearing a fur coat. there is no surprise here. it is just that people are

upset there is finally some judicial over reach going on. people have their traditions. >> it is hard to over estimate the story you would agree. >> yes. if we are going to see the end of all animal drops on new year's, this is potentially devastating. >> once again, will peta win any converts by taking away a town's fund. >> they are very, very scary. it is understandable a town made the decision. the only one smart enough is kim kardashian. >> it is just another case of just another group that has to make some stupid amount of noise. it is an insignificant thing and they can keep the funding coming in. >> bill, last word to you, and please feel free to do a first they came for the possum things. >> i was until you said it. don't take my talking points. i actually do have a statement

from the local possum. >> how long will he go? >> mew, mew, ron paul, 2012, 2016. >> that's the last word. have a comment? e-mail us. do you have gid yow of your animal -- do you have video of yo are animal doing something like dropping in a box on new year's? we may use it. still to come, the half time report. >> tonight's half time report is sponsored by gorillas. the apes with powerful bodies and shark, dark hair. thanks, gorillas.

we are back. let's find out if we got anything wrong so far. for that we go to thomas shalou. >> is that why i am here? >> that's why you are here. >> very interesting first half here. >> i am serious. i was digging into facts and figures. let's see if i came up with anything. first story, the florida restaurant tour the many restaurant tours across the country. let's go to andrew from buzz feed. wouldn't it be nice if just like posting calorie counts we

could post the costs of government at restaurants. so everyone would know what regulations and taxes would cost them when they order a pizza? >> that would be nice. >> that's my theory. >> i actually think that's a great idea. this is what we do now in this totalitarian system. we are posting calorie counts and saturated fat. we don't even count the saturated fat. they don't allow it in the restaurant. >> i hate information. i don't like to know things. >> andrew, you said it was 3 or 4 cents per pizza. between 3.4 and 4.6 cents per pie, i am not sure how they got those costs. shouldn't they trust the restaurant to see how much it would cost him?

>> if you raise the cost of something in business, the idea is if you add 4 cents of costs you double that and add it into your retail price, am i right? >> sometimes. >> and sometimes not, tom. >> bill, you said that you seem to -- i don't know if you said this as fact, but you seemed to indicate that the busiest hours at den thee's was 4:00. the earlier dinner. >> the early evening it is busy yes, sir -- busier. and there is a rush after midnight. i don't know where you got the 4:00 figure. i am thoan to hang out at 4:00 in the afternoon and there is hardly anybody there. >> i will say -- first of all, you don't need to tell me you were at denny's at 4:00. there was a switch in the demo at midnight where college kids replace everybody else. they forgot to vote for obama.

>> i think there are basically two shifts of people at denny's. there are the drunk people who are the late night people and the hungover people who are the daytime customers. >> i'm in between those. i show up at 4:00 and have a cup of coffee and eat a piece of key lime pie and everything is fine. >> tom leaves at weird hours. >> he leaves biblical versus instead of tips. i know what you are. they don't like you for that. >> joe, this is interesting coming from you. coming 23r such a left wing liberal like yourself. look, it is sinting that somebody needs to -- somebody theedz to shoulder the burden. and then you said government was throwing a wrench into these businesses. welcome to obama's america, friend. >> you know what, we don't have friends. isn't that the truth? >> guys like you make me wonder why comedians are more

liberal? you are out there uh -- applying your wears. you are an independent contractor. you see how businesses are run. there is nothing more conservative than comedy clubs. >> and it makes me wonder why you put that outfit together. but we are not here for that. >> what did you say it was? >> you dress like a -- like if i had bought a doll of a president. i would dress it like you. >> presidents are important. they dress up. >> twitter, imogen, you said europe is not so much into free speech. and then you were taken a back by andy accusing of not understanding the hunts of freedom. >> i am blonde and have no idea what i am doing.

>> while europe has something to learn of free speech about america -- >> we have everything to learn from america. we didn't start it. >> but they are further ahead as far as libel law is concerned. the libel laws are -- the bar is lower in europe. you can sue somebody who defames you. you can't in this country. >> that's why halle berry wanted to move to france with her daughter. sorry, i am on the wrong show. it is "red eye" and not" entertainment tonight." i told you i am blonde. i know nothing. >> you said to imogen, freedom is a gift. i looked for that quote and couldn't find it anymore. find it anywhere. >> if you would have gone to my blog freedom is a gift you would have seen it plastered throughout the pages. >> i sell gift baskets,

underwear. jay filled with freedom. i. >> freedom is a gift. >> i like how in the photo of you you are not staring at the camera. you are looking into the distance. >> the other thing i will do is people's birthdays and chirstmases and i will give them freedom as a gift to hammer home the point that freedom is a gift. >> he got that off karl rove's website. >> speaking of freedom, you wish everyone on twitter was arrested? is that what you said? you and your 21,220 followers that you slaved to acquire. >> no. i obviously don't really think that, tom. i was merely making a joke because andy was cracking the humor whip on me earlier in that segment.

>> so that was your answer to his lack of humor was the line about twitter? >> i didn't have a video of a dog i could play. i did my best. >> biting the hand that feeds you, ey? >> the paula broadwell story, andrew you said this is weird, very weird and extremely weird. joe you challenged him. you said it wasn't weird at all. the new york times did use the word bizarre to describe this story. i think andrew is right about this. >> what can i say? it is the paper of record. i cannot argue that. what did the post call it? did the post call it weird? >> what did the post use? >> i ordered the new york times. they seem to be the ones that make the news in this country. you didn't think the story was weird. you did. >> i think they had david

petraeus dressed as austin powers. >> did it 8 -- did it say ci-ya baby? >> i found that to be saw tear cal and i enjoy the new york post as i do every other news corp on a daily basis. >> story number four, the possum drop. i think it was andrew that accused them of judicial over reach. it was a judge who decided. the judge decided because the animal rights group complained and a judge has nexted the celebration with the pot so many drop. >> i was just trying to set you up for one of the one-word answers. >> isn't the key point here from all i have heard the possum enjoys it. >> he is going up and down in

a box. he was just like the dog on mitt romney's car couldn't be happier. >> i heard the possum was asking for it. >> you know what, are you a pig. >> what do possums do when not playing dead? they hang on trees and they go up and down byway of their tail. >> they love it. by the way, joe, you accuse this animal rights organization of just posing so they could keep the funding for their organization coming in. don't they believe in animal rights? >> tom, and i say this to you without humor. >> as you have said everything tonight. >> andy levy, ladies and gentlemen. >> they know who i am. i am hosting. i think they do believe in animal rights, but it is a cushy job to work for peta.

if you don't take on real challenges to keep the organization going and you attack little things it is an easy way to say look we still have relevance, keep the funding coming. pissing and mowning about a possum being lowered in a box on a rope in new year's eve that is not a real battle. taking on little -- >> taking on little issues can get you elected. >> you had to bring obama into a possum. >> that's a lot. thanks a lot. is it true some don't have the youth? it is just a question. look, it is people pouring moves.

are twinkies onies on the b ri nkies? they were returning to work at 5:00 p.m. we are live at 3:40 a.m. it began after the bakery employees rejected a contract that cut wages and benefits. hostess that makes ho-ho's and wonder bread is not backing down either. said a company spokesperson, quote, we do not have the financial resources to survive an on going national strike. also we hate america. >> what? >> i added the last part. let's discuss in the -- >> lightning round. >> joe, it is bad enough we may be looking at the loss of great, healthy foods like twinkies, but it means 18,000 lost jobs. can the country handle that right now? can you? >> the country cannot handle the loss of jobs. i cannot ham the loss of

twinkies. the bonus is unemployed women, low self-esteem and more sex for me. >> are you a glass half full guy. >> it is a direct result of michelle obama's war on junk food, and shouldn't she be impeached? >> i do think country can handle the lost jobs. they can't handle the lost twinkies. >>imogen, there is a wonder bread that is synonymous with america. has your island nation seen a crisis like this? >> call my island nation back, but this company lost $341 million last year. it is bankrupt. people just don't like twipgies enough anymore.

-- twinkies enough anymore. what would happen is the company would fold. that's what needs to happenment people just don't like the product anymore. >> i don't think it is people don't like twinkies, they have been put in jail for eating twinkies. >> is that why it is the loss? >> >> bill, my question to you, bill, what was the same i asked andrew. that's stupid and i am not going to ask it. give us a selling and talking point on this important issue. >> i don't know what saline means. >> he was in am ma day yous. >> screw you for killing the genius, salient. he didn't find out until he he was in make up. >> i don't like unruly unions. i am not a fan of losing a lot of jobs, but they are the

worst kind of thing you can put inside yourself. we eat too much of crap like that. this is a company that managed to make bread unhealthy. have you ever eaten wonder bread? it is sugar made to look like carbs. it is horrible for you. is and we are paying for the health bills people are consuming. >> are you a disgusting half man -- >> he is a terrible cowboy. >> go to your stupid whole foods with your yuppy pals. >> a study suggests the key to long life is to own a dog and be happily married and have good friends. and also, never dying. when it comes to longevity, more important is your place of birth, wealth or social class. if i am reading this, i will be dead in six months and you

will be lucky to last a week. >> i do think i would be dead. i planned to kill you. >> so this is good news for me. >> do you buy owning a dog can change your life that much. is this uh offensive to cats? >> yes. we are both cat owners here and we know this is just balogna. >> the study was funded by dogs. a lot of people don't know that. >> it is a super pack. >> it is interesting that many cat owners use the word balogna of balderdash. carl rover conducted this study. >> what are you thinking? that should have been the end of the show right there. >> imogen, will you fresher

someone to do the deed with you. >>- q. i they say it is a study in 1940 of 200 white american men. i was president a man. i was born in 1940. but i found an interesting study that one in five women who have pets talk to them more than their partners. >> and the men are thankful. >> bill, i don't have time to go to you, but i think the study shows they would rather dye young. >> absolutely. we will fix that. >> time for a break. when we return, a performance from the motel.

adults get just as many uses from calories as they do from soft drinks. it makes up 6% of the calories adults consume while booze accounts for 5%. the average male drinks 150 cal reis of alcohol and the average woman consumes 50 proving again that they are indeed the inferior sex. call me, ladies. imogen, will this change your drinking habits and will you cut back on the two bottles of wine after work? >> the average american woman apparently drinks half a glass of wine a day.

my diet is slightly prent. different. the one thing britain beats america on -- you beat us on everything really, we drink far more than you. we are 13th in the world for drinking. you are way down. we like our alcohol. >> how long before mayor bloomburg takes away your 40s of king cobra? >> he is ruining my life. i caught him in my apartment last night uninstalling the x box. i don't know. the buck stops here. we need to keep the booze flowing. otherwise how would we hang out with bill? >> i am just sitting here. >> given that 100% of your calories come from beer, how do you skew the results of it? >> when this soda thing happened i was like, all right, that's crazy.

i don't drink soda. i am not going to get involved. i am not going to really feel the anger that was permeating through new york. but this is not good at all. >> first they came for the possums. i said nothing. all i said was -- >> last word to you. >> yes. >> okay. there you go. we will close things out with a post game wrap up with tom shlou.

don't forget to watch greg host the owe reilly factor. 1k3* a new "red eye" returns. >> it is time to go back to tom shalou for the post game

wrap up. >> what is this i hear about you being james bond's grandfather? >> my grandpa was one of the men and i have written a piece for fox news.com. take a look. >> definitely i will. very interesting. >> joe, you are doing a benefit for late police officer brad fox on november 30th. >> sadly he was killed in the line of duty. we are doing a fundraiser-comedy show in pennsylvania. it is on november 30th. it is raising money for a fund for his children. come out and support and try to help the cause. >> andrew i hear you have been following a story about a german guy. >> we do a story about a german guy and this iconic photo refuses to give the nazi salute. you can check it out. it is a great story. >> great. back to you, andy. >> thanks a lot, tom. very special thanks to imogen lloyd webber. joe derosa and the motels.